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BOAKYE V. THE REPUBLIC

(1999) JELR 68183 (SC)

Supreme Court  •  3 Mar 1999  •  Ghana

Coram
EDWARD WIREDU JSC, BAMFORD-ADDO JSC, KPEGAH JSC, ADJABENG JSC, AKUFFO JSC

Judgement

BAMFORD-ADDO JSC

This is an appeal from the judgment of the Court of Appeal which upheld the judgment of the Regional Public Tribunal convicting the appellant on a charge of murder, contrary to section 46 of the Criminal Code, 1960 (Act 29). The facts, according to the prosecution, are that the appellant and the deceased engaged in a fight but, were separated. The appellant was alleged to have gone to his house nearby to pick a knife with which he chased the deceased and stabbed him resulting in his death. The defence case however was that a quarrel ensued between the appellant and some boys, including the deceased near the appellant’s house. He alleged that he was pushed down, stamped upon and beaten with sticks by the boys and as a result sustained injuries. He said while he was being beaten, he fell on an object which he picked up and in self-defence stabbed the deceased with it, resulting in his death. He said the fight was never separated before he injured the deceased and denied…

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